Abuse of authority and position is an arbitrary or capricious exercise of power by a military member, federal official or employee that injures or adversely affects the rights of a subordinate by tyrannical, careless or capricious conduct or continuous and/or severe abusive language.
Abuse of position includes a wide range of subjects such as improper use of title/position/rank (see Ethics). Abuse of position may involve discrimination, i.e., creation of a hostile work environment, see Equal Employment.
Military Members: Many complaints are best addressed within the chain of command. For example, complaints of wrongs may be handled through the Division or Command Master Chief, Division or Department Head, Commanding Officer's Request Mast, NAVREGS Article 1150 (Redress of Wrong Committed by a Superior), UCMJ Article 138 (Complaint of Wrongs Against the Commanding Officer). Before filing an Article 138 or 1150, we recommend you consult with a Legal Officer or Judge Advocate.
What are the applicable statutes and regulations applicable to military members?
U. S. Navy Regulations, Chapter 8, Article 802, The Commanding Officer, Responsibility of the Commanding Officer
U. S. Navy Regulations, Chapter 10, Article 1023, Precedence, Authority and Command. Persons in authority are forbidden to injure their subordinates by tyrannical or capricious conduct, or by abusive language.
U.S. Navy Regulations, Chapter 11, Article 1111, Pecuniary Dealings with Enlisted Persons
U. S. Navy Regulations, Chapter 11, Article 1131, Requirement of Exemplary Conduct
U. S. Navy Regulations, Chapter 11, Article 1151, and OPNAVINST 3120.32C, Section 510.59 set forth the basic regulations for processing of request mast for military personnel.
U. S. Navy Regulations, Chapter 11, Article 1150 (Redress of Wrong Committed by a Superior) and Manual of the Judge Advocate General, Chapter 3 (Complaint of Wrongs Against the Commanding Officer)
Joint Ethics Regulation, DoD 5500-R, Chapter 2, Section 3, 2‑304, Use of Military Title by Retirees or Reserves
Uniformed Code of Military Justice, Article 138, Complaint of Wrongs Against the Commanding Officer
, Misuse of Position
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